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General Accident Fire & Life Assurance Corpn. v. Tanter (The Zephyr) - Court of Appeal (Oliver, Stephen Brown and Mustill L.JJ.) - 25 July 1985
This was an appeal from that part of the judgment of Hobhouse J. which concerned the legal effect of a “signing indication” impliedly given to an underwriter by a broker at Lloyd’s. For an explanation of this practice - see the..
Online Published Date:
01 August 1985
Appeared in issue:
150 - 01 August 1985
TDK Distributors (U.K.) Ltd. v. Video Choice Ltd. & Ors. - Q.B.D. (Skinner J.) - 28 June 1985
In December 1982 the plaintiffs obtained a Mareva injunction against Mr. T. restraining him from disposing of his assets or any interest in his assets within the jurisdiction exceeding £601,500. He was allowed to spend up to £100 per week..
Online Published Date:
01 August 1985
Appeared in issue:
150 - 01 August 1985
Kong Cheuk Kwan v. The Queen - Privy Council (Lord Fraser, Lord Roskill, Lord Bridge, Lord Brandon and Sir Owen Woodhouse) - 11 July 1985
It is not often that collisions at sea result in prosecutions in the criminal courts. However, a collision between two hydrofoil ferries operating between Hong Kong and Macau which resulted in the deaths of two passengers has led to the Privy..
Online Published Date:
01 August 1985
Appeared in issue:
150 - 01 August 1985
Banque Paribas v. The Fund comprising proceeds of sale of the M.V. Emerald Transporter - 1985(2) S.A. 452
The vessel Emerald Transporter
was owned by Outer Ocean Navigation Corpn. Ltd. which owned other vessels which were “associated ships” in terms of section 3(7)(a)(i) of the Admiralty Jurisdiction Regulation Act, 105 of 1983. The Emerald..
Online Published Date:
01 August 1985
Appeared in issue:
150 - 01 August 1985
Southern Steamship Agency Inc. v. M.V. Khalij Sky - Supreme Court of South Africa (Adm. Div. of The Cape of Good Hope Provincial Division) - Munnik J.P. - 15 March 1984
The plaintiffs provided agency and stevedoring services and supplied necessaries to the defendants’ vessel Khalij Sky
in the U.S.A. It was accepted that, according to United States law, the plaintiffs had a maritime lien on the vessel in..
Online Published Date:
01 August 1985
Appeared in issue:
150 - 01 August 1985
Overseas Development Bank v. Nothmann - Court of Appeals of New York (Wachtler C.J. and Jasen, Meyer, Simons, Kaye and Alexander J.J.) - 19 March 1985
In LMLN 136, 17 January 1985, the Appellate Division refused to allow the enforcement in America of judgments obtained against the defendants in the Queen’s Bench Division in England in 1975. The reason for the Appellate Division’s..
Online Published Date:
01 August 1985
Appeared in issue:
150 - 01 August 1985
Société Anonyme Marocaine De L’Industrie Du Rafinage v. Notos Maritime Corpn. of Monrovia (The Notos) - Court of Appeal (Sir John Donaldson M.R., Parker & Balcombe L.JJ.) - 29 July 1985
The owners’ appeal against the decision of Leggatt J. [1985] 1 Lloyd’s Rep. 149 has been dismissed.
The charterparty was in the STB VOY form. Clause 1(b) provided that the vessel, having loaded her cargo, should
proceed to a submarine..
Online Published Date:
15 August 1985
Appeared in issue:
151 - 15 August 1985
6/85
The vessel was chartered on the Asbatankvoy form. A dispute arose in connection with demurrage at the loading port. The charterers contended that as bad weather had closed the port, either the vessel was not at customary anchorage because she was..
Online Published Date:
15 August 1985
Appeared in issue:
151 - 15 August 1985
7/85
The vessel was voyage chartered under a charterparty which provided that:
Laytime . . . shall commence upon the expiration of 6 hours after receipt of . . . notice [of readiness] . . .
- The charterers contended that as the notice of readiness had..
Online Published Date:
15 August 1985
Appeared in issue:
151 - 15 August 1985
8/85
A dispute arose under a voyage charter as to whether a demurrage claim had been presented in time. The relevant clause read:
Charterers shall be discharged and released from all liability in respect of any claim owners may have under this..
Online Published Date:
15 August 1985
Appeared in issue:
151 - 15 August 1985
9/85
Clause 4 of the charter provided:
Whilst on hire the charterers to provide and pay for all coals, including galley coal, oil fuel, excluding galley fuel . . .
- The words “excluding galley fuel” had been typed in above the printed words..
Online Published Date:
15 August 1985
Appeared in issue:
151 - 15 August 1985
The Myrto (No. 3) - Q.B.D. (Adm.Ct.)
(Sheen J.) - 30 July 1985
In 1976 the vessel Myrto
loaded cargo at Antwerp and North Shields. In December 1976 she was arrested at Sunderland. Shortly thereafter, Brandon J. ordered the vessel to be appraised and sold pendente lite
. The plaintiff..
Online Published Date:
15 August 1985
Appeared in issue:
151 - 15 August 1985
Leon Corporation v. Atlantic Lines & Navigation Co. Inc. (The Leon) - Q.B.D. (Com.Ct.) (Hobhouse J.) - 8 July 1985
The vessel Leon
was time-chartered under the NYPE form for five years from 1979. Between 1981 and 1984 the charterers had complained to the owners about various matters. The owners had failed to provide the deck and engine log books when requested;..
Online Published Date:
15 August 1985
Appeared in issue:
151 - 15 August 1985
The Leon - See above
Hobhouse J. commented that there had been excessive delay in the prosecution of the owners’ motion. The notice of motion was dated 6 March 1984. Leave to appeal was granted on 19 June 1984, but the owners had refrained from applying for a..
Online Published Date:
15 August 1985
Appeared in issue:
151 - 15 August 1985
Ove Skou v. Rudolf A. Oetker (The Arctic Skou) - Q.B.D. (Com.Ct.) (Leggatt J.) - 5 July 1985
The vessel Arctic Skou
was time-chartered on the NYPE form as amended. The owners agreed to let and the charterers agreed to hire the vessel:
from the time of delivery for one timecharter trip via good/safe port Brazil to Lisbon/Hamburg range..
Online Published Date:
29 August 1985
Appeared in issue:
152 - 29 August 1985
Food Corporation of India v. Marastro Cia. Naviera S.A. (The Trade Fortitude) - Q.B.D. (Com.Ct.) (Leggatt J.) - 30 July 1985
The charterers applied to the High Court for an order that the arbitrator’s final interim award be remitted to him for reconsideration, or that it be declared that he had power to correct in the award a mistake or error. The grounds of the..
Online Published Date:
29 August 1985
Appeared in issue:
152 - 29 August 1985
Gebr Van Weelde Scheepvaartkantor B.V. v. Compania Naviera Sea Orient S.A. (The Agrabele) - Q.B.D. (Com.Ct.) (Anthony
Evans J.) - 1 Aug 1985
Disputes arose under a charterparty in 1978. Each side appointed an arbitrator. Pleadings closed in May 1980. Further and better particulars of the Points of Reply and Defence to Counterclaim were served in July 1981. In June..
Online Published Date:
29 August 1985
Appeared in issue:
152 - 29 August 1985